Sex Offences Flashcards
Section 127 CA No presumption because of age?
There is no presumption of law that a person is incapable of sexual connection because of his or her age.
Section 128A CA Allowing sexual activity does not amount to consent in some circumstances?
(1) a person does not consent to sexual activity just because he or she does not protest or offer physical resistance to the activity.
(2) a person does not consent to sexual activity if he or she allows the activity because of,-
(a) force applied to him or her or some other person
(b) the threat (express or implied) of the application of force to him or her or some other person
(c) the fear of the application of force to him or her or some other person
(3) a person does not consent to sexual activity if the activity occurs while he or she is asleep or unconscious.
(4) a person does not consent to sexual activity if the activity occurs while he or she is so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity.
(5) a person does not consent to sexual activity if the activity occurs while he or she is affected by an intellectual, mental or physical condition or impairment of such a nature and degree that he or she cannot consent or refuse to consent to the activity.
(6) one person does not consent to sexual activity with another person if he or she allows the sexual activity because he or she is mistaken about who the other person is.
(7) a person does not consent to an act of sexual activity if he or she allows the act because he or she is mistaken about its nature and quality.
(8) this section does not limit the circumstances in which a person does not consent to sexual activity
(9) for the purposes of this section-
ALLOWS you includes acquiesces in, submits to, participates in, and undertakes sexual activity, in relation to a person, means-
(a) sexual connection with the person, or
(b) THE DOING ON THE PERSON OF AN INDECENT ACT THAT, WITHOUT THE PERSONS CONSENT, WOULD BE AN INDECENT ASSAULT OF THE PERSON.
Section 128 CA Sexual violation defined?
(1) sexual violation is the act of a person
who-
(a) rapes another person
(b) has unlawful sexual connection with another
person
(2) person A rapes person B if person A had
a sexual connection with person B , effected by
the penetration of person B’s genitalia by
person A’s penis,-
(a) without person B ‘s consent to the connection ,
and
(b) without believing on reasonable grounds that
person B consents to the connection.
(3)person A has an unlawful sexual connection
with person B if person A has sexual connection
with person B ,-
(a) without person B’s consent to the connection
and
(b) without believing on reasonable grounds that
person B consents to the connection .
(4) one person may be convicted of the sexual
violation of another person at a time when they
were married to each other.
Section 128B CA Sexual violation?
(1) every one who commits sexual violation is liable to imprisonment for a term not exceeding 20 years
Section 129 CA Attempted sexual violation and assault with intent to commit sexual violation?
(1) every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years
(2) every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years.
Section 132 CA Sexual conduct with child under 12?
(1) everyone who has a sexual connection
with a child is liable to imprisonment for a
term nor exceeding 14 years
(2) every one who attempts to have a sexual
connection with a child is liable to
imprisonment for a term not exceeding 10 years
(3) every one who does an indecent act on a child
is liable to imprisonment for a term not
exceeding 10 years
(4) it is not a defence to a charge under this
section that the person charged, believed that
the child was of or over the age of 12 years
(5) it is not a defence to a charge under this
section that the child consented
(6) in this section ,-
(a) child means a person under the age of 12 years
(b) doing an indecent act on a child includes
indecently assaulting the child
Section 134 CA Sexual conduct with a young person under 16 years?
(1) every one who has a sexual connection
with a young person is liable to
imprisonment for a term not exceeding 10 years
(2) every one who attempts to have a sexual
connection with a young person is liable to
imprisonment for a term not exceeding 10 years
(3) every one who does an indecent act in a young
person is liable to imprisonment for a term not
exceeding 7 years
(4) no person can be convicted of a charge under
this section if he or she was married to the
young person concerned at the time of the
sexual connection or indecent act concerned
(5) the young person in respect of whom an
offence against this section was committed
cannot be charged as a party to the offence if
the person who committed the offence was of
or over the age of 16 years when the offence
was committed.
(6) in this section,-
(a) young person means a person under the age
of 16 years, and..
(b) doing an indecent act on a young person
includes indecently assaulting the young person.
Section 134A CA, Defence to a charge under section 134?
(1) it is a defence to a charge under section 134 if the person charged proves that,-
(a) before the time of the act concerned, he or
she had taken reasonable steps to find out
whether the young person concerned was of
or over the age of 16 years, and
(b) at the time of the act concerned, he or she
believed even on reasonable grounds that
the young person was of or over the age of
16 years, and
(c) the young person consented.
(2) Except to say he extent provided in subsection
(1) ,-
(a) it is not a defence to a charge under
section 134 that the young person
concerned consented, and
(b) it is not a defence to a charge under
section 134 that the person charged
believed that the young person concerned
was of or over the age of 16 years.
Section 135 CA Indecent assault?
Every one is liable to imprisonment for a term not exceeding 7 years who are indecently assaults another person
